Comments adopted by the CEACR: Cyprus

ADOPTED_BY_THE_CEACR_IN 2021

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The Committee notes that the first report of the Government on the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee requests the Government to provide the first detailed report on the Protocol of 2014 along with its next report on the Convention, which are due in 2024.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee notes with interest the adoption of Act No. 60(I) of 2014 on Prevention and Combating of Trafficking and Exploitation of Persons and the Protection of Victims, as well as the National Action Plan against Trafficking in Persons (NAP) for 2019-2021, which provide the country with an institutional framework for the prevention and repression of trafficking and for the protection and assistance of victims. According to section 64 of the Act, the Multidisciplinary Coordination Group on Combating Human Trafficking coordinates and monitors measures and activities in the field of prevention and combatting trafficking in persons and protection of victims. The Multidisciplinary Coordination Group is responsible, among others, for monitoring and implementing the National Action Plans against Trafficking in Persons, carrying out awareness-raising activities on trafficking in persons, and the collection of data on trafficking.

The Committee requests the Government to provide information on the activities of the Multidisciplinary Coordination Group on Combating Human Trafficking as well as on the measures adopted to implement the NAP for 2019-2021, and the results achieved.

2. Law enforcement. The Committee notes that sections 8 and 9 of Act No. 60(I) of 2014 provide for penalties of imprisonment of up to 15 years for trafficking for the purpose of labour exploitation and up to 25 years for the purpose of sexual exploitation. The Committee observes from the 2020 report of the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Cyprus that, in the period 2015–2018, a total of 58 cases of trafficking in persons were submitted by the police for prosecution, including 28 cases for the purpose of sexual exploitation and 16 cases for the purpose of labour exploitation, which resulted in nine cases of convictions in total. In this respect, the GRETA noted the low number of convictions for trafficking in persons, particularly for the purpose of labour exploitation (paragraphs 76-77, 87). The Committee requests the Government to provide information on the measures taken to ensure that all the cases of trafficking in persons, for both labour and sexual exploitation, are subject to investigations and prosecutions, and that sufficiently effective and dissuasive penalties are imposed on perpetrators. It further requests the Government to provide information on the application in practice of sections 6, 8 and 9 of Act No. 60(I) of 2014, including the number of investigations, prosecutions, convictions, and the penalties imposed.

3. Protection of victims. The Committee notes that, by virtue of section 44 of Act No. 60(I) of 2014, presumed victims of trafficking are referred to the Social Welfare Services, which shall inform them of their rights, available services, and the identification procedure. Victims of trafficking are provided with various assistance services, such as accommodation, psychological support and medical care, financial support, as well as interpretation and translation services (section 47(1)); they can claim compensation from the perpetrators of the offenses committed against them through criminal or civil proceedings (section 3); and they can benefit from legal advice and legal representation for the claim for compensation (section 36). The Committee further notes that section 62(2)(a) of the Act envisages the establishment of a victim support fund, which shall provide compensation to victims who for any reason cannot be compensated by the perpetrators.

The Committee requests the Government to provide information on: i) the number and characteristics of victims of trafficking, both for labour and sexual exploitation, and on the nature of the assistance services provided to them; ii) the cases in which courts have ordered compensation to victims of trafficking through criminal or civil proceedings; and iii) whether the victim support fund has been established.

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Articles 2, 4 and 5 of the Convention. Contractual provisions. Inspections and sanctions. Application of the Convention in practice. The Government reports that the Model Rules of 21 September 1977, which give full effect to the Convention, remain in force and no legislative changes have been made since 2016 in relation to the provisions governing labour clauses in public contracts. It indicates that, in compliance with the Safety and Health at Work (Minimum Requirements at Temporary or Mobile Construction Sites), specific terms on the protection of safety, health and well-being of workers are included in public contracts for “The Construction of Public Civil Engineering Projects”. These terms establish the obligation of the Contractor “to take all measures for the safety and health of his/her employees, the employees of the Subcontractors and any other person that might be affected by the execution of works”. Special references are made, inter alia, to the Contractor’s obligation to draw up a safety and health plan and to appoint a Coordinator for safety and health matters during the project execution stage. The Committee notes that the contracts are drawn up by the Treasury of the Republic of Cyprus and used by all governmental departments. Furthermore, the Contractor is required to sign a Certificate of Employee Protection, as part of the submitted tender documents. The Committee also notes that the Department of Labour Inspection has requested the competent governmental authorities to include in their tender documents certain provisions of the European Regulations (No. 1272/2008 and No. 1907/2006) relating to chemical substances. It further notes that the Department of Labour Relations has examined 486 public contracts, from 2016 to 2020. This process has involved 1,294 contractors and subcontractors, to determine whether or not they are in compliance with the provisions of the Public Contracts they have signed. The Committee invites the Government to continue to provide updated information on the practical application of the Convention, including information on legislative changes, which may have a possible impact on the application of the Convention, as well as statistical information relating to the system of inspection and sanctions, including the number and type of violations detected and sanctions applied.

ADOPTED_BY_THE_CEACR_IN 2020

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The Committee notes the Government’s first report.

Article 12(d) of the Convention. Responsibilities of employers concerning exposure. Keeping of and access to records of the monitoring of the working environment. The Committee notes the information provided in the Government’s report concerning the requirement for risk assessments on chemicals to be documented and kept up to date, pursuant to Regulation 5 of the Safety and Health at Work (Chemical Agents) Regulations of 2001, as amended. The Committee requests the Government to indicate the method and the prescribed period for keeping records of the monitoring of the working environment, and how it ensures that those records are accessible to workers and their representatives, in accordance with Article 12(d) of the Convention.

Article 15(d). Training of workers on a continuing basis. The Committee notes the Government’s indication that, in accordance with Regulation 10 of the Safety and Health at Work (Chemical Agents) Regulations, the employer shall ensure that workers have access to information and training. According to the Government, this includes access to: (i) risk assessments for hazardous chemical agents, including major alterations at the workplace leading to a change in the assessment; (ii) information on the hazardous chemical agents, such as their identity, occupational safety and health (OSH) risks, and relevant occupational exposure limit values; (iii) safety data sheets provided by the supplier; and (iv) training and information on appropriate precautions to be taken to safeguard themselves and other workers. The Government further indicates that the manner in which information is provided, including through training, shall be appropriate to the outcome of the risk assessments undertaken. The Committee requests the Government to indicate how it ensures that the training of workers on practices and procedures to be followed for safety in the use of chemicals at work is done on a continuing basis, in accordance with Article 15(d) of the Convention.

Article 18(1) and (2). Workers’ right to remove themselves from danger. The Committee requests the Government to indicate the specific provisions in national legislation or any applicable collective agreements, giving effect to Article 18(1) and (2) of the Convention on the right of workers to: remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health; inform their supervisor immediately; and be protected against undue consequences for exercising their rights under the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that the Department of Labour Inspection (DLI) of the Ministry of Labour, Welfare and Social Insurance is the authority responsible for the enforcement of the applicable legislation in Cyprus. The Government indicates that this includes the enforcement of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH); and Regulation (EC) No. 1272/2008 on Classification, Labelling and Packaging of substances and mixtures. The Committee also notes that the Government provides statistics on enforcement, including 9,798 inspections carried out by the DLI in workplaces using chemicals, and 43 cases of suspected occupational diseases that may have been caused by exposure to chemical substances. The Committee requests the Government to continue to provide statistics relating to the enforcement of the Convention, including, in particular, on any violations of the national legislation on chemicals or of the above-mentioned regulations of the European Union detected, sanctions imposed, and cases of occupational diseases reported as being caused by exposure to chemical substances.